Can onw co-owner legally evict another co-owner?
Question Details: My mom and her partner own a house together. Her spouse says that she had my mom's name removed off the papers. Can she do that? She also said she was going to evict her. Can she do that and how? They both own this house.
Not if they own the home jointly. Your question suggest that they are tenants in common. Did they both purchase the home on a 50%/50% basis? If they did then your mom's spouse could not have removed her name from the property without your mom signing any documents. If your mom really own this property she cannot evict her from her own property.
Under the laws of all states in this country, absent a written agreement to the contrary, each owner of the property has the legal right to use and occupy it. Meaning, if there is no lease agreement between the joint owners or some other written agreement as to the property you are writing allowing one to evict the other, one co-owner cannot evict the other co-owner of a jointly owned property.
